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Kenya decisions
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Mutuma v DHL Worldwide Express Kenya Limited [2025] KEELRC 2153 (KLR)
The court found the claimant’s dismissal procedurally and substantively unfair, awarded six months’ compensation and notice pay, and ordered return of the company Prado.
Levati v Dodla Dairy Kenya Limited & another [2025] KEELRC 2127 (KLR)
The court dismissed a constructive dismissal claim, finding the claimant resigned voluntarily. It allowed only admitted dues: leave pay, March 2024 salary, return ticket, and a certificate of service.
Teachers Service Commission v Macharia [2025] KEELRC 2152 (KLR)
The Employment and Labour Relations Court held that section 90 of the Employment Act (now section 89) imposes a strict three-year limitation period for employment-related claims, with no statutory provision for extension. The trial court erred in granting leave to file suit out of time, as the law does not permit enlargement of time for contractual claims under the Employment Act. The respondent's medical condition and reliance on sections 27 and 28 of the Limitation of Actions Act were insufficient, as those provisions do not apply to employment contracts. The court further found that limita…
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Dpl Festive Limited v Okuny [2025] KEELRC 2122 (KLR)
The Employment and Labour Relations Court allowed an employer’s appeal, set aside awards for notice pay and unpaid salary, but left the certificate of service intact.
Judicial Service Commission v Gichuki & 37 others [2025] KECA 1220 (KLR)
The Court of Appeal held that the 1st to 21st respondents’ contracts were open-ended, that later changes to allowances were unilaterally imposed, and dismissed the appeal and cross-appeal.
Orioki v Del Monte Kenya Limited [2025] KEELRC 2052 (KLR)
The court found that the primary dispute between the parties was one of unfair termination of employment, which is governed by statutory provisions under the Employment Act, 2007. The court held that the petitioner’s grievances, though framed as constitutional violations, were fundamentally employment-related and could be adequately addressed through an ordinary statement of claim rather than a constitutional petition. The court emphasized that the doctrine of constitutional avoidance requires that constitutional issues be determined only when necessary, and where statutory remedies exist, th…
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Gachoki v Church World Service, Rsc Africa [2025] KEELRC 2061 (KLR)
The court dismissed a constitutional petition challenging an ongoing redundancy process, finding it was filed prematurely and that the petitioner had received terminal dues.
Mbuvi v Jays Pyrotechnics Limited [2025] KEELRC 2026 (KLR)
The court found an employment relationship and held the claimant was dismissed without due process, but awarded only unpaid January 2019 salary after contribution was considered.
Machangi v County Government of Nyandarua & 2 others [2025] KEELRC 2009 (KLR)
The court dismissed an application to enforce alleged salary arrears and seek contempt orders, finding the claims had not been determined through arbitration or a substantive hearing.
Mutugi & another v Career Readiness Social Initiative Ltd [2025] KEELRC 2002 (KLR)
The court held the claimants’ terminations were substantively and procedurally unfair and awarded compensation, notice pay, certificates of service, and costs.
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